i was served with a protection order what kind of lawyer do i need

You do not need an attorney to file for a protection order, but it is generally better to have one, especially if there will be a hearing or if the abuser is represented by one. A domestic violence organization in your area may be able to refer you to an attorney or legal aid service that will take your case for free.

Full Answer

Should I hire a lawyer for a protection order?

This means that the abuser was given a copy, usually by the police, of the protection order. The police then give the court proof that the order was served. A notice can also be ok. This essentially means that the abuser knew about the order. If you need to report violations show the police any proof you have that the order was served or the ...

What do you need to know about an order for protection?

 · The prosecutor should have all the records, including the police report. The judge is going to ask about what happened. All you have to do is tell the truth. If you want to know specifically what kind of things your judge is going to be concerned about, you should speak to the prosecutor who handles these cases and ask.

Can a judge ask you questions during a protection order hearing?

 · Hire a lawyer who is experienced in handling orders of protection. File an appeal immediately. You can always dismiss it later. For the legal help you need defending or appealing your case, reach out to May McKinney by calling (615) 265-6383 or contacting us online.

Can a party file an order of protection against the other?

Call a Lawyer Who Defends Restraining Orders You don't have to get a lawyer to fight a restraining order; you can represent yourself. But it's typically best to contact an attorney. Look for attorneys who specialize in criminal defense or family law. They've seen their fair share of restraining orders and are generally a good place to start.

How do I get around an order of protection?

Typically, either the victim or the defendant can ask the court to lift the restraining order. This is usually completed by filing a motion with the court, such as a Motion to Modify Conditions of Pretrial Release or a Motion to Lift Restraining Order. This legal motion must usually identify the parties.

How do you fight a protective order in Texas?

If you believe that a protective order was issued against you unfairly, you can argue to have the order dissolved altogether. You will need to file a motion in court, and you will be assigned a court hearing date to present your defense. You can also request to modify the order.

How do you fight a restraining order in California?

Ask your local court clerk if there are local forms you have to fill out. Some courts also have forms on their website. Find your local court's website. If your court's self-help center helps people with civil harassment restraining orders, ask them to review your paperwork.

How do I fight an order of protection in Tennessee?

If you agreed to an order of protection or one has been issued against you, you may be able to appeal. However, you must file for an appeal from the Tennessee General Sessions Court within 10 days of the order. Failure to do so will make the order final.

Can a protective order be dropped in Texas?

Motion to Dismiss Protective Order in Texas The person restrained by a permanent protective order cannot try to discontinue the permanent order in Texas until it has been in effect for a year. One year after it goes into effect, the restrained person has the right to file a motion to dismiss or discontinue the order.

Can you appeal a protective order in Texas?

If the court issues an extended order for protection, the adverse party can file an appeal to the district court. (There is no appeal allowed if the court denies an application to extend a protection order, only if the court grants the extension.)

How long does a restraining order stay on your record in California?

The maximum length of a restraining order in California is five years. Often, the length of an order is shorter, lasting several years or even only a few months. If the restraining order against you had against you has expired and you did not violate it you can have the order expunged from your record.

How do I get a restraining order lifted in California?

To remove a protective order, a person must freely and voluntarily request the modification by filing a petition with the clerk of the court that ordered the CPO. A court hearing will be set at least 10 days after the date of filing at which time both the protected and restrained person must appear.

Can I appeal a restraining order in California?

Can you appeal a restraining order in California? Restraining orders can be appealed in California, but the appeal process varies based on the severity of the restraining order. The deadline to file a notice of appeal changes based on the type of civil case the restraining order would fall into.

Can you appeal a protection order?

Once a protection order is granted, it is valid until the victim withdraws it. If the perpetrator lodges an appeal, the order will continue to operate until it is cancelled by the appeal court.

Are orders of protection public record in TN?

By definition, an order of protection is a public record. Tenn.

How much does an order of protection cost in Tennessee?

There are no fees for filing for a protection order. Domestic abuse, stalking, or sexual assault victims do not need have to pay to file, issue, register, serve, dismiss, appeal, or enforce an ex parte order of protection, an extended order of protection, or a lifetime order of protection.

What is a restraining order?

A restraining order is a tool used by the court to keep people away from certain places or certain people. It is most often issued when a person feels in danger or threatened by another. Restraining orders are also used by companies to keep a person away that has committed a crime on their premises.

What happens if you don't fight a restraining order?

If you don't fight it, then that person will have the ability to call the police if there is any violation of the order.

Why is a restraining order important?

Significance. Having a restraining order issued against you basically gives you a criminal record. Also the person or place that has the order against you can use it make your life difficult. Often people that want the protection use the restraining order to harass the other person.

Is it better to settle things out of court or go to court?

If there is a possibility of working something out without the courts involvement, it might be in your best interest to do so. Settling things out of court is always more advantageous than wasting the time and expensive of going to court.

Nancy Ann Biediger Lorenzen

The prosecutor should have all the records, including the police report. The judge is going to ask about what happened. All you have to do is tell the truth. If you want to know specifically what kind of things your judge is going to be concerned about, you should speak to the prosecutor who handles these cases and ask.

Cynthia Russell Henley

At least in Harris County, the prosecutors' office handles the hearings on behalf of the complainants - even on the 2 year application. You should call the prosecutor handling the assault case and inquire if they will be handling the application. If you cannot get an answer, call the court with your questions...

Cynthia Russell Henley

At least in Harris County, the prosecutors' office handles the hearings on behalf of the complainants - even on the 2 year application. You should call the prosecutor handling the assault case and inquire if they will be handling the application. If you cannot get an answer, call the court with your questions...

Who to hire for orders of protection?

Hire a lawyer who is experienced in handling orders of protection.

Can you stay in a home you share with the petitioner?

May be prohibited from stay ing in a home you share with the petitioner

What are the rights of a person who is subject to a restraining order?

If a person (known in the case as "the petitioner") asks a court to issue a restraining order against you because of alleged domestic violence or other domestic conflict, you are entitled to be notified of the request, to have a court hearing, and to defend yourself. (Temporary orders are an exception; see the explanation below.) You also have the right to be represented by an attorney, although in restraining order proceedings, you are not entitled to free counsel or a court-appointed attorney.

What happens if a petitioner asks for a restraining order?

If a person (known in the case as "the petitioner") asks a court to issue a restraining order against you because of alleged domestic violence or other domestic conflict, you are entitled to be notified of the request, to have a court hearing, and to defend yourself. (Temporary orders are an exception; see the explanation below.)

What does it mean to destroy evidence?

destroy evidence that you think could hurt you, as this may cast you in a suspicious light with the court and can lead to criminal charges

What is the evidence in a petition?

gather any physical evidence relating to any incidents or events the petition refers to, such as clothing, photos, videos, and objects.

What happens if a petitioner accuses you of texting?

If the petitioner accuses you of calling or texting repeatedly, your phone records might show otherwise.

What happens if you violate a temporary restraining order?

If you violate a temporary restraining order, the petitioner can bring that up in the hearing or even file a motion alleging a violation of the order, making it even harder for you to defend against the request for a permanent order. If you and the petitioner have children together, the temporary restraining order may tell you not ...

Can you be charged with a crime for violating a restraining order?

Once a restraining order is entered, you can be charged with a crime if the protected party accuses you of violating the order. If a permanent order is issued, you will be prohibited from possessing a firearm while the order is in effect, and the order will show up on background checks.

What is a restraining order?

A restraining order is an ordered decision by the judge saying that one person must follow certain conditions that the judge sets aside. If you are at the point where you don’t feel safe for you or your family, this might be one of the options you can take. You can contact your divorce lawyer and they will be able to get you the answers you need to help protect your family.

What are the different types of restraining orders?

The three other types of restraining orders are emergency protective orders, temporary restraining orders, and permanent restraining orders . Each of these have a few differences between them and the judge can always make changes to them as they see fit.

What happens if you don't have experienced representation?

Without experienced representation, you might also risk a fair division of the marital assets, visitation rights, and a mutual draft of a post-nuptial agreement . With experienced reputation, you will get someone who wants to understand the facts of your case, be an advocate at every stage of the process, and produce the results that you want.

What is a no contact order?

No contact is the most used restraining order during this day and age. This type usually requires that a person stay a certain distance away from the family. This means that the person is not allowed to go into the family’s home, take a child outside of a certain jurisdiction, sell any property received in the marriage, or possess or purchase a fire arm. There are a few other restrictions that a person can’t do while they are under a restraining order.

Can a restraining order put someone behind bars?

It is very important to get this type of court order to protect oneself from an abusive person. However, a restraining order will in itself not be able to keep the person safe from the abuser at all times.

How long does a child custody order last?

This order will usually be valid for a specific period of time, and may expire after three years from the time it was issued . Exception will be in the cases of children for whom it will not expire until the courts decide they are safe. The safety of children is high priority and it will over rule any custody issues to protect the child.

What to do when you are in danger in an abusive relationship?

If one’s personal safety is compromised by the harmful intentions or actions of another person, one should get a restraining order against the abuser. This is considered a wise thing to do when one’s life is in danger. One should check with the state authorities what this type of order will normally contain as it will vary from state to state. Get professionals advice when thinking about do i need a lawyer for a restraining order hearing.

What does a protection order ask for?

The protection order application asks you to list specific locations where you are seeking protection. If you are afraid to divulge that information to the adverse party, you can indicate that the information is “confidential” and not list the information in your application.

What happens if a court grants a protection order?

If the court grants your application, a written protection order will be prepared and sent to the appropriate law enforcement agency for service on the adverse party.

What happens after you complete your TPO application?

After you have completed your application and other documents, your paperwork will be assigned a case number, and your case will be assigned to a justice of the peace. The justice of the peace will do one of three things: Grant your application and issue a “TPO” (temporary protection order).

Where to file a threatening phone call in Henderson?

If the adverse party is making threatening phone calls to you, and you received those phone calls in Henderson, you can file you application in the Henderson Justice Court.

Can you list your address as confidential?

CAUTION! Listing information as “confidential” could limit law enforcement’s ability to enforce your order. For example, if your order requires the adverse party to stay away from your work, but that address isn’t listed in your protection order, police may be reluctant to arrest the adverse party if he shows up at your work because he may not know he’s required to stay away from that location.

How much do you have to pay for harassment?

If you are seeking an order against workplace harassment, you will be required to pay a $71 filing fee and post a bond of $100 with the court. (The court can also award costs and reasonable attorney’s fees to the prevailing party in this type of case.)

How old do you have to be to get a protection order?

You must be at least eighteen years old to apply for a protection order.

What is an ex parte order?

If you need protection from danger right away, ask for an “Ex Parte” Order for Protection. “Ex parte” means without telling the person on the other side of the case. This is an order you get before the abuser has a chance to tell his side of the story. The order is signed the same day you apply, before the abuser is served.

What is an OFP order?

An Order for Protection (OFP) is a court order to stop household or family violence (domestic abuse). It orders the abuser not to hurt you. It can also:

Can you get an OFP if the judge denies the OFP?

You can still get an OFP if the judge denies the Ex Parte OFP, but only after a hearing.

Can an abuser harm you?

That the abuser cannot harm or threaten you, your child, or anyone in your home.

Can you apply for OFP for yourself?

You can apply for an OFP for yourself and a child if you both have been abused or threatened. You can apply for just the child if the child was abused or threatened and you were not. The court may also want you to call Child Protection if a child was harmed or threat ened .

Can you get an OFP after a divorce?

You can get an OFP before, during, or after a divorce case involving the abuser. The OFP case is separate from the divorce case. If you have a problem with someone like a neighbor, friend, distant relative, or co-worker, you can apply for a Harassment Restraining Order instead of an OFP. See Chapter 7.

What is domestic abuse?

Domestic abuse is when someone in your family or household is hurting you physically or threatening you with immediate physical harm. This includes sexual violence, terroristic threats, and not letting you call 911 for help. Here are examples of each of these kinds of domestic abuse:

How to get through a protection order?

Consulting a lawyer immediately may also help you get through some of the immediate pains of the protection order. For example, if you’re served and not allowed to enter your apartment for a certain number of days, your lawyer can call the petitioner’s lawyer to try to negotiate a time when a representative can go in and pick up some clothes for you. If your children aren’t included in the order, your lawyer might also be able to arrange for a time and place for you to spend some time with them prior to the first court appearance.

What is an order of protection?

While an exact definition of an order of protection depends on your jurisdiction and whether the order is criminal (issued as part of a criminal proceeding) or civil (issued as part of a family court or matrimonial proceeding), in this article we will focus on the civil order, which we loosely define as a court order that is issued based on a claim of threatened harm and prohibits one party from having contact with, or engaging in certain other behaviors toward, the other party and/or their children.

What to do if your children aren't included in court order?

If your children aren’t included in the order, your lawyer might also be able to arrange for a time and place for you to spend some time with them prior to the first court appearance. Make sure your attorney understands the circumstances.

Do family law attorneys represent clients in order of protection?

While some non-matrimonial and family law attorneys do represent clients in orders of protection proceedings, having one lawyer to manage all of your domestic issues can be particularly beneficial in that it provides you with consistency of strategy as you manage your divorce and order of protection case.

How long do you have to follow a lawful order?

Whether you believe the order is warranted or not, and even if you have plenty of information to dispute its merit, respect that it is a lawful order you must follow for as long as it is in effect. Otherwise, you will be in violation and can be arrested.

Can you contact someone through a third party?

No contact orders go a step further, specifying that you are not allowed to contact the person at all. No calls, no texts, no emails — some specify that you also can’t contact the other party through a third party such as a parent or friend. Make sure you read the complete document and understand what’s prohibited.

What is a stay away order?

Stay away orders specify locations where you can’t go — possibly the house or apartment you both lived in, your child’s school, your spouse’s workplace, or other places where you could potentially come into contact. No contact orders go a step further, specifying that you are not allowed to contact the person at all.

Who is in court at protection order hearing?

In addition to the judge, others may be at the hearing, including the court reporter, sheriff’s deputy, attorneys, the other party, a victim advocate and you. Some courts will hold several hearings during a set period of time, so the individuals involved in those cases may also be in the courtroom.

When a judge is presented with a case, like a protection order, they need as much information as possible

When a judge is presented with a case, like a protection order, they need as much information as possible to make a decision. This information is provided by you when you testify or present an affidavit to the judge. It is important that you attend the hearing so that you can provide the judge all of the information that is available and necessary to either issue a final protection order or to dismiss the case.

What happens if you have an attorney with you?

If you have an attorney with you, the attorney can make certain that evidence is given to the judge. The judge will likely ask the other person if there are any issues or concerns, called objections, with your request. The judge will then decide whether to accept the item as evidence.

Who to contact for safety concerns at court hearing?

If you have concerns regarding your safety at the hearing, you or the advocate should contact the clerk of the court or a deputy sheriff in the courthouse and let them know of your concerns.

How to know when a court hearing is scheduled?

Once a hearing date has been scheduled, the date and time will be provided to both parties. You will be contacted by the court staff when a date and time for the hearing has been set. In some circumstances the date and time of the hearing may be mailed to you so it is important to let the court know of any change in your mailing address so that you can receive the notice.

Can you change your mind about a protection order?

You are free to change your mind and ask the court to dismiss the protection order. However, the judge decides whether it will be dismissed to make sure that you were not forced to change your mind. Until the judge dismisses the order it is still valid.

Can a judge accept photos of a protection order?

Yes, if you have photographs or other evidence, including the original application for the protection order, and you want the judge to consider this evidence when making a decision, you will need to ask the judge to consider them as evidence. For example, you may say to the judge “Your Honor, I would like to have my Petition and Affidavit marked and entered as evidence.” If you have an attorney with you, the attorney can make certain that evidence is given to the judge. The judge will likely ask the other person if there are any issues or concerns, called objections, with your request. The judge will then decide whether to accept the item as evidence. You should go through this process for each item of evidence.